Bill Text: IL SB2667 | 2017-2018 | 100th General Assembly | Enrolled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Illinois Income Tax Act. Makes a technical change in a Section concerning the short title.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Passed) 2018-08-13 - Public Act . . . . . . . . . 100-0838 [SB2667 Detail]
Download: Illinois-2017-SB2667-Enrolled.html
Bill Title: Amends the Illinois Income Tax Act. Makes a technical change in a Section concerning the short title.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Passed) 2018-08-13 - Public Act . . . . . . . . . 100-0838 [SB2667 Detail]
Download: Illinois-2017-SB2667-Enrolled.html
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1 | AN ACT concerning revenue.
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2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
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4 | Section 5. The Illinois Enterprise Zone Act is amended by | ||||||
5 | changing Sections 4 and 4.1 as follows:
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6 | (20 ILCS 655/4) (from Ch. 67 1/2, par. 604)
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7 | Sec. 4. Qualifications for Enterprise Zones. | ||||||
8 | (1) An area is qualified to become an enterprise zone | ||||||
9 | which:
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10 | (a) is a contiguous area, provided that a zone area may | ||||||
11 | exclude wholly
surrounded territory within its boundaries;
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12 | (b) comprises a minimum of one-half square mile and not | ||||||
13 | more than 12
square miles, or 15 square miles if the zone | ||||||
14 | is located within the
jurisdiction of 4 or more counties or | ||||||
15 | municipalities, in total area,
exclusive of lakes and | ||||||
16 | waterways;
however, in such cases where the enterprise zone | ||||||
17 | is a joint effort of
three or more units of government, or | ||||||
18 | two or more units of government if
situated in a township | ||||||
19 | which is divided by a municipality of 1,000,000 or
more | ||||||
20 | inhabitants, and where the certification has been in
effect | ||||||
21 | at least one year, the total area shall comprise a minimum | ||||||
22 | of
one-half square mile and not more than thirteen square | ||||||
23 | miles in total area
exclusive of lakes and waterways;
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1 | (c) (blank);
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2 | (d) (blank);
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3 | (e) is (1) entirely within a municipality or (2) | ||||||
4 | entirely within
the unincorporated
areas of a county, | ||||||
5 | except where reasonable need is established for such
zone | ||||||
6 | to cover portions of more than one municipality or county | ||||||
7 | or (3)
both comprises (i) all or part of a municipality and | ||||||
8 | (ii) an unincorporated
area of a county; and
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9 | (f) meets 3 or more of the following criteria: | ||||||
10 | (1) all or part of the local labor market area has | ||||||
11 | had an annual average unemployment rate of at least | ||||||
12 | 120% of the State's annual average unemployment rate | ||||||
13 | for the most recent calendar year or the most recent | ||||||
14 | fiscal year as reported by the Department of Employment | ||||||
15 | Security; | ||||||
16 | (2) designation will result in the development of | ||||||
17 | substantial employment opportunities by creating or | ||||||
18 | retaining a minimum aggregate of 1,000 full-time | ||||||
19 | equivalent jobs due to an aggregate investment of | ||||||
20 | $100,000,000 or more, and will help alleviate the | ||||||
21 | effects of poverty and unemployment within the local | ||||||
22 | labor market area; | ||||||
23 | (3) all or part of the local labor market area has | ||||||
24 | a poverty rate of at least 20% according to the latest | ||||||
25 | federal decennial census, 50% or more of children in | ||||||
26 | the local labor market area participate in the federal |
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1 | free lunch program according to reported statistics | ||||||
2 | from the State Board of Education, or 20% or more | ||||||
3 | households in the local labor market area receive food | ||||||
4 | stamps according to the latest federal decennial | ||||||
5 | census; | ||||||
6 | (4) an abandoned coal mine or a brownfield (as | ||||||
7 | defined in Section 58.2 of the Environmental | ||||||
8 | Protection Act) is located in the proposed zone area, | ||||||
9 | or all or a portion of the proposed zone was declared a | ||||||
10 | federal disaster area in the 3 years preceding the date | ||||||
11 | of application; | ||||||
12 | (5) the local labor market area contains a presence | ||||||
13 | of large employers that have downsized over the years, | ||||||
14 | the labor market area has experienced plant closures in | ||||||
15 | the 5 years prior to the date of application affecting | ||||||
16 | more than 50 workers, or the local labor market area | ||||||
17 | has experienced State or federal facility closures in | ||||||
18 | the 5 years prior to the date of application affecting | ||||||
19 | more than 50 workers; | ||||||
20 | (6) based on data from Multiple Listing Service | ||||||
21 | information or other suitable sources, the local labor | ||||||
22 | market area contains a high floor vacancy rate of | ||||||
23 | industrial or commercial properties, vacant or | ||||||
24 | demolished commercial and industrial structures are | ||||||
25 | prevalent in the local labor market area, or industrial | ||||||
26 | structures in the local labor market area are not used |
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1 | because of age, deterioration, relocation of the | ||||||
2 | former occupants, or cessation of operation; | ||||||
3 | (7) the applicant demonstrates a substantial plan | ||||||
4 | for using the designation to improve the State and | ||||||
5 | local government tax base, including income, sales, | ||||||
6 | and property taxes; | ||||||
7 | (8) significant public infrastructure is present | ||||||
8 | in the local labor market area in addition to a plan | ||||||
9 | for infrastructure development and improvement; | ||||||
10 | (9) high schools or community colleges located | ||||||
11 | within the local labor market area are engaged in ACT | ||||||
12 | Work Keys, Manufacturing Skills Standard | ||||||
13 | Certification, or other industry-based credentials | ||||||
14 | that prepare students for careers; or | ||||||
15 | (10) the change in equalized assessed valuation of | ||||||
16 | industrial and/or commercial properties in the 5 years | ||||||
17 | prior to the date of application is equal to or less | ||||||
18 | than 50% of the State average change in equalized | ||||||
19 | assessed valuation for industrial and/or commercial | ||||||
20 | properties, as applicable, for the same period of time ; | ||||||
21 | or . | ||||||
22 | (11) the applicant demonstrates a substantial plan | ||||||
23 | for using the designation to encourage: (i) | ||||||
24 | participation by businesses owned by minorities, | ||||||
25 | women, and persons with disabilities, as those terms | ||||||
26 | are defined in the Business Enterprise for Minorities, |
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1 | Women, and Persons with Disabilities Act; and (ii) the | ||||||
2 | hiring of minorities, women, and persons with | ||||||
3 | disabilities. | ||||||
4 | As provided in Section 10-5.3 of the River Edge | ||||||
5 | Redevelopment Zone Act, upon the expiration of the term of each | ||||||
6 | River Edge Redevelopment Zone in existence on the effective | ||||||
7 | date of this amendatory Act of the 97th General Assembly, that | ||||||
8 | River Edge Redevelopment Zone will become available for its | ||||||
9 | previous designee or a new applicant to compete for designation | ||||||
10 | as an enterprise zone. No preference for designation will be | ||||||
11 | given to the previous designee of the zone. | ||||||
12 | (2) Any criteria established by the Department or by law | ||||||
13 | which utilize the rate
of unemployment for a particular area | ||||||
14 | shall provide that all persons who
are not presently employed | ||||||
15 | and have exhausted all unemployment benefits
shall be | ||||||
16 | considered unemployed, whether or not such persons are actively
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17 | seeking employment.
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18 | (Source: P.A. 97-905, eff. 8-7-12.)
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19 | (20 ILCS 655/4.1) | ||||||
20 | Sec. 4.1. Department recommendations. | ||||||
21 | (a) For all applications that qualify under Section 4 of | ||||||
22 | this Act, the Department shall issue recommendations by | ||||||
23 | assigning a score to each applicant. The scores will be | ||||||
24 | determined by the Department, based on the extent to which an | ||||||
25 | applicant meets the criteria points under subsection (f) of |
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1 | Section 4 of this Act. Scores will be determined using the | ||||||
2 | following scoring system: | ||||||
3 | (1) Up to 50 points for the extent to which the | ||||||
4 | applicant meets or exceeds the criteria in item (1) of | ||||||
5 | subsection (f) of Section 4 of this Act, with points | ||||||
6 | awarded according to the severity of the unemployment. | ||||||
7 | (2) Up to 50 points for the extent to which the | ||||||
8 | applicant meets or exceeds the criteria in item (2) of | ||||||
9 | subsection (f) of Section 4 of this Act, with points | ||||||
10 | awarded in accordance with the number of jobs created and | ||||||
11 | the aggregate amount of investment promised. | ||||||
12 | (3) Up to 40 points for the extent to which the | ||||||
13 | applicant meets or exceeds the criteria in item (3) of | ||||||
14 | subsection (f) of Section 4 of this Act, with points | ||||||
15 | awarded in accordance with the severity of the unemployment | ||||||
16 | rate according to the latest federal decennial census. | ||||||
17 | (4) Up to 30 points for the extent to which the | ||||||
18 | applicant meets or exceeds the criteria in item (4) of | ||||||
19 | subsection (f) of Section 4 of this Act, with points | ||||||
20 | awarded in accordance with the severity of the | ||||||
21 | environmental impact of the abandoned coal mine, | ||||||
22 | brownfield, or federal disaster area. | ||||||
23 | (5) Up to 50 points for the extent to which the | ||||||
24 | applicant meets or exceeds the criteria in item (5) of | ||||||
25 | subsection (f) of Section 4 of this Act, with points | ||||||
26 | awarded in accordance with the severity of the applicable |
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1 | facility closures or downsizing. | ||||||
2 | (6) Up to 40 points for the extent to which the | ||||||
3 | applicant meets or exceeds the criteria in item (6) of | ||||||
4 | subsection (f) of Section 4 of this Act, with points | ||||||
5 | awarded in accordance with the severity and extent of the | ||||||
6 | high floor vacancy or deterioration. | ||||||
7 | (7) Up to 30 points for the extent to which the | ||||||
8 | applicant meets or exceeds the criteria in item (7) of | ||||||
9 | subsection (f) of Section 4 of this Act, with points | ||||||
10 | awarded in accordance with the extent to which the | ||||||
11 | application addresses a plan to improve the State and local | ||||||
12 | government tax base. | ||||||
13 | (8) Up to 50 points for the extent to which the | ||||||
14 | applicant meets or exceeds the criteria in item (8) of | ||||||
15 | subsection (f) of Section 4 of this Act, with points | ||||||
16 | awarded in accordance with the existence of significant | ||||||
17 | public infrastructure. | ||||||
18 | (9) Up to 40 points for the extent to which the | ||||||
19 | applicant meets or exceeds the criteria in item (9) of | ||||||
20 | subsection (f) of Section 4 of this Act, with points | ||||||
21 | awarded in accordance with the extent to which educational | ||||||
22 | programs exist for career preparation. | ||||||
23 | (10) Up to 40 points for the extent to which the | ||||||
24 | applicant meets or exceeds the criteria in item (10) of | ||||||
25 | subsection (f) of Section 4 of this Act, with points | ||||||
26 | awarded according to the severity of the change in |
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1 | equalized assessed valuation. | ||||||
2 | (11) Up to 40 points for the extent to which the | ||||||
3 | applicant meets or exceeds the criteria in item (11) of | ||||||
4 | subsection (f) of Section 4 of this Act. | ||||||
5 | (b) After assigning a score for each of the individual | ||||||
6 | criteria using the point system as described in subsection (a), | ||||||
7 | the Department shall then take the sum of the scores for each | ||||||
8 | applicant and assign a final score. The Department shall then | ||||||
9 | submit this information to the Board, as required in subsection | ||||||
10 | (c) of Section 5.2, as its recommendation.
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11 | (Source: P.A. 97-905, eff. 8-7-12; 98-109, eff. 7-25-13.)
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